Bihar

Gaya

CC/14/2017

Sanjay Kumar Agarwal - Complainant(s)

Versus

ICICI Lombard General Insurance Co. Ltd. - Opp.Party(s)

Satish Narayan Singh

01 Feb 2018

ORDER

In the court of District Consumer Forum, Gaya

Consumer Complainant Case No. – 14 of 2017

Sanjay Kumar Agarwal son of Kedar Prasad Agarwal, village and post office -Station Road, Ghoshinagh, Police Station- Kotwali, District -Gaya.... Complainant

                                 V/s
The branch manager, ICICI Lombard General Insurance Company Limited, 1st floor, Swarajpuri Road, PS- Kotwali, District- Gaya and another...... Opposite Parties.

Present:
 1. Shri Ramesh Chandra Singh..... President

 2. Syed Mohtashim Akhtar....Male Member

 3. Smt. Sunita Kumari ....Female Member

Dated:-01.02.

                                     1. The instant complaint cases has been filed by the complainant against the opposite party for deficiency in service as the opposite party has not settled his claim and claimed for cost of vehicle ₹ 63,

                                       (2)        Case No.-14-2017

                                      2. In brief the case of the complainant is that he is owner of Pulsar motorcycle bearing number BR02U/ / / BOC for the period of 13 March

                                 3. The opposite parties appeared and filed a written statement. It has been stated by the opposite parties in the written statement that after loss of the vehicle a serveror was deputed and the complainant submitted two keys of motorcycle along with other documents. It has been further stated that at the time of scrutinizing the documents and keys it was found that the both keys has been found different in cut, shape, design ,metal and usage. On request of

                                            (3)        Case No.-14-2017

 clarification the complainant was stand on his own version regarding the same keys of stolen vehicle, hence the opposite party close the claim of the complainant.

                           4. Both Party have filed evidences on affidavit and documents.

                         5. The question of determination before this Court is whether there is deficiency in service on part of the opposite party and whether the complainant is entitled to get reliefs as sought for.

                         6. The complainant has filed the insurance papers and the xerox copy of FIR lodged as Kotwali Gaya                          7. There is no dispute regarding the theft of vehicle rather that the dispute regarding the keys of the stolen vehicle about which the opposite party has a stated that both keys were different in shape and size. It appears from email request for reopen the claim by the complainant dated 28 January

                                            (4)        Case No.-14-2017

at the time of submitting the keys to the Opposite Parties, because he possessed 4 or 5 two wheelers and they might had been mixed with each other but he has got the true keys of the stolen vehicle and he has shown the key to ICICI Lombard employees. It is clear that two different keys where submitted to the opposite party at the time of filing claim and till now it has not been submitted to the opposite party. But as there are settled principle of law that in this situation the opposite parties should have pay the claim on non standard basis and not close the claim of the complainant. Hence, there is deficiency on the part of Opposite Party. After considering the arguments of both parties, their evidences on affidavits and documents filed by them we arrive on the conclusion that the complainant is entitled to get the claim on non standard basis ie 75% of the amount of the vehicle ₹63,

                                            (5)        Case No.-14-2017

nonpayment he will be further entitled to get the realize the same by the process of court.

   Dictated and corrected

Female Member          Male Member                    President

Sunita Kumari                    Syed Mohtashim Akhtar       Ramesh Chandra Singh